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Miller Genuine Draft is not beer in Pennsylvania

Discussion in 'Channel Zero' started by GamblersGrin, Aug 10, 2005.

  1. GamblersGrin

    GamblersGrin Elite Member

    Joined: Sep 24, 2003 Messages: 3,243 Likes Received: 16
    http://www.readingeagle.com/berksblogs/arc...ies/1413813.asp

    Judge finds beer claim hard to swallow; prosecutor seeks new round


    By Holly Herman
    Reading Eagle

    The case went flat for prosecutors when Berks County Judge Jeffrey K. Sprecher dismissed charges against a 44-year old Kutztown man accused of buying beer for his 17-year-old neighbor.
    The teen, Shawn Putnam of Kutztown, testified at a pretrial hearing that Gregg R. Hartman, his neighbor, bought him a case of Miller Genuine Draft at Duffer's Distributors in Kutztown on Jan. 7 and that he drank five beers from the case.

    But Sprecher ruled, in an order made available Tuesday, that prosecutors failed to prove Miller Genuine Draft is indeed beer.

    Sprecher sided with the defense and ruled Putnam's testimony was not enough to prove Hartman of the 300 block of East Walnut Street bought beer.

    “They did not have any beer cans or tests to prove it was beer,” argued defense attorney David R. Eshelman.

    Eshelman said prosecutors did not present a state Liquor Control Board list of all beers.

    “There is no testimony on the record that the beer contained any alcohol,” he said. “In most cases, the prosecutors will give a list from the state with names of beer to prove that it is beer. In this case, they did not do that.”

    On Tuesday, Assistant District Attorney Joseph R. Speece filed a request for Sprecher to reconsider his decision and included with that the state's list of beers.

    “We thought that the boy's testimony proved that he drank beer,” Speece said.

    According to testimony at the pretrial hearing:

    Hartman picked up Putnam to drive him to a restaurant. Instead, Putnam said, Hartman agreed to drive him to the distributor and buy beer for Putnam.

    Putnam drank five beers in the car while Hartman drove around.

    Hartman's car skidded on the right side of Long Lane in Greenwich Township and went off the road at 11:20 p.m.

    State police responded, and Hartman was charged with furnishing liquor to minors.

    Officials said Putnam was cited for underage drinking and pleaded guilty. Further details were unavailable.

    Eshelman said the law requires prosecutors to prove the beer contained at least 5 percent alcohol.

    “No testimony or evidence on records proved that Miller Genuine Draft contained 5 percent alcohol,” Eshelman said. “I was not surprised with the outcome. It was the right outcome.”
     
  2. destroya

    destroya Senior Member

    Joined: Sep 30, 2002 Messages: 1,714 Likes Received: 1
  3. dumy

    dumy Veteran Member

    Joined: Oct 8, 2004 Messages: 5,056 Likes Received: 0
    ahha..thats awesome..
     
  4. CACashRefund

    CACashRefund 12oz Loyalist

    Joined: Oct 8, 2004 Messages: 14,171 Likes Received: 272
    211

    Thats all i have to say.
     
  5. Abracadabra

    Abracadabra Dirty Dozen Crew

    Joined: Dec 28, 2001 Messages: 22,906 Likes Received: 113
    just to let you in on something:

    miller is not beer anywhere outside of america either.
     
  6. ElectricitySucks

    ElectricitySucks Veteran Member

    Joined: Jul 13, 2001 Messages: 6,395 Likes Received: 24
  7. ASER1NE

    ASER1NE Veteran Member

    Joined: Oct 15, 2001 Messages: 7,577 Likes Received: 2
    Mmmmn dirt cheap american beer......
     
  8. Dick Quickwood

    Dick Quickwood 12oz Loyalist

    Joined: Aug 25, 2002 Messages: 14,783 Likes Received: 14
  9. Sorc bcj

    Sorc bcj Member

    Joined: Jun 11, 2001 Messages: 267 Likes Received: 0
    fuckin kutz...hahah..where else.
     
  10. isor357

    isor357 Senior Member

    Joined: Oct 8, 2004 Messages: 2,491 Likes Received: 3
    all they had to do was read the box. Im sure it says beer and the alcohol content somewhere
     
  11. fatalist

    fatalist Dirty Dozen Crew

    Joined: Mar 10, 2004 Messages: 6,354 Likes Received: 25
  12. Balki

    Balki Member

    Joined: Jul 1, 2005 Messages: 401 Likes Received: 0
    What whaaat!
     
  13. thecarwreck

    thecarwreck Senior Member

    Joined: May 14, 2003 Messages: 1,006 Likes Received: 67
    maybe mechanicsburg... or new tripoli.

    pottstown on the other hand...

    [​IMG]
     
  14. NeRVe54

    NeRVe54 Senior Member

    Joined: Mar 11, 2005 Messages: 1,279 Likes Received: 13
    kids a snitch. done deal
     
  15. useurname

    useurname Member

    Joined: Jul 29, 2004 Messages: 962 Likes Received: 0
    The real question is, Why is this kid hanging out with 44 year old men?
     
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